Mohan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39716 of 2018 Arising Out of PS.Case No. -96 Year- 2015 Thana -KARJA District- MUZAFFARPUR ======================================================
1. Mohan Paswan S/o Late Chanar Paswan, R/o Vill.- Barkagaon Keshari Nagar, P.S.- Karja, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shishir Kumar For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 The petitioner is in custody since 08.08.2016 in connection with Karja P.S. Case No. 96 of 2015, registered for offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
Allegation against the petitioner, who happens to be the husband of the deceased, is of demand and causing death of his wife and disposing of the dead-body without informing the informant.
Submission of learned counsel for the petitioner is that there is no applicator of section 304(B) of the Indian Penal Code and except suspicion there is absolutely nothing against the petitioner and he is in custody for more than two years. Heard learned A.P.P. also, who opposed the prayer for
Patna High Court Cr.Misc. No.39716 of 2018 (6) dt.10-10-2018 2/2 bail of the petitioner stating that the dead-body was disposed of without informing the informant and there was also demand of dowry.
Having heard both sides and considering the aforementioned facts and circumstances and also considering the conduct of the petitioner, I am not inclined to grant bail to the petitioner.
However, since the petitioner has been in custody for two years and impugned order shows that charge has already been completed, learned Trial Court is directed to expedite the trial and try to conclude the same, as early as possible. (Vinod Kumar Sinha, J) sunil/Amjad/- U T